KENNETH E. DIX, APPELLANT,
v.
ANN E. DIX, APPELLEE
PER CURIAM.
AFFIRMED. We think the evidence, although in conflict, was sufficient to sustain the trial court’s finding that the wife was entitled to a special equity in the marital homeplace. Cf. Landay v. Landay, 400 So. 2d 43 (Fla. 2d DCA 1981) and Weiss v. Weiss, 390 So. 2d 1236 (Fla. 4th DCA 1980). In so doing, we reject the appellant’s contention that such special equity must be proven to exist “beyond a reasonable doubt” and we recede from any statements to that effect contained in our opinion in Hanzelik v. Hanzelik, 294 So. 2d 116 (Fla. 4th DCA 1974). See Abbott v. Abbott, 297 So. 2d 608 (Fla. 2d DCA 1974); Canakaris v. Canakaris, 382 So. 2d 1197 (Fla.1980); and Duncan v. Duncan, 356 So. 2d 28 (Fla. 1st DCA 1978).
ANSTEAD, MOORE and GLICKSTEIN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Shook v. Shook, 413 So. 2d 150 (Fla. 4th DCA 1982)…PER CURIAM. Affirmed. See, Canakaris v. Canakaris, 382 So. 2d 1197 (Fla.1980); Dix v. Dix, 400 So. 2d 1294 (Fla. 4th DCA 1981); Weiss v. Weiss, 390 So. 2d 1236 (Fla. 4th DCA 1980). BERANEK, DELL and WALDEN, JJ., concur.…
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Heim v. Heim, 712 So. 2d 1238 (Fla. 4th DCA 1998)…with prior decisions of this court. In a case decided prior to the enactment of section 61.075(5)(a)5, this court rejected the conten [*1240] tion that a special equity in a marital residence had to be proven “beyond a reasonable doubt.” Dix v. Dix, 400 So. 2d 1294 (Fla. 4th DCA 1981). More recently, in Howes v. Howes, 613 So. 2d 551, 552 (Fla. 4th DCA 1993), we described the mechanics of the section 61.075(5)(a)5 presumption as placing the burden “on the husband to show that he was entitled to a special equit…
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Smith v. Oneal Smith, Jr., 597 So. 2d 370 (Fla. 3d DCA 1992)…1978); Singer v. Singer, 262 So. 2d 731, 732 (Fla. 3d DCA 1972); Wollman v. Wollman, 235 So. 2d 315, 316 (Fla. 3d DCA 1970); Green v. Green, 228 So. 2d 112, 113 (Fla. 3d DCA 1969), cert. denied, 237 So. 2d 538 (Fla. [*372] 1970). But see Dix v. Dix, 400 So. 2d 1294 (Fla. 4th DCA 1981); Harrison v. Harrison, 314 So. 2d 812, 814 (Fla. 3d DCA 1975), cert. denied, 334 So. 2d 605 (Fla.1976); Abbott v. Abbott, 297 So. 2d 608 (Fla. 2d DCA 1974) (2-1 decision). Accordingly, the award of the wife’s one-half interest in…
Authorities Cited
- Canakaris v. Canakaris, 382 So. 2d 1197 (Fla. 1980)
- Landay v. Sumner Landay, 400 So. 2d 43 (Fla. 2d DCA 1981)
- Abbott v. Abbott, 297 So. 2d 608 (Fla. 2d DCA 1974)
- Weiss v. Weiss, 390 So. 2d 1236 (Fla. 4th DCA 1980)
- Dr. B. L. Stalnaker, M.D. v. Neckles, 294 So. 2d 116 (Fla. 4th DCA 1974)
- Hanzelik v. Reine Hanzelik, 294 So. 2d 116 (Fla. 4th DCA 1974)
- Duncan v. Duncan, 356 So. 2d 28 (Fla. 1st DCA 1978)